ILLINOIS POLLUTION CONTROL BOARD
March 5, 2009
SIMONS AUTO CENTER,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-37
(LUST Appeal)
ORDER OF THE BOARD (by G.T. Girard):
On December 4, 2008, the Board, at the parties’ request, extended until March 1, 2009,
the time period within which Simons Auto Center (petitioner) may appeal an October 21, 2008
determination of the Illinois Environmental Protection Agency (Agency).
See
415 ILCS
5/40(a)(1) (2006); 35 Ill. Adm. Code 105.406. On February 26, 2009, Simons Auto filed a
petition asking the Board to review the Agency’s determination.
The Agency denied Simons Auto’s request for reimbursement from the Underground
Storage Tank Fund regarding an underground storage tank site located at 10085 Lincoln Trail,
Fairview Heights, St. Clair County. Simons Auto appeals on the grounds that the Agency
wrongfully rejected petitioner’s request for reimbursement. Simons Auto’s petition meets the
content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
Simons Auto has the burden of proof. 35 Ill. Adm. Code 105.112(a). Hearings will be
based exclusively on the record before the Agency at the time the Agency issued its
determination. 35 Ill. Adm. Code 105.412. Hearings will be scheduled and completed in a
timely manner, consistent with the decision deadline (
see
415 ILCS 5/40(a)(2) (2006)), which
only Simons Auto may extend by waiver (
see
35 Ill. Adm. Code 101.308). If the Board fails to
take final action by the decision deadline, Simons Auto may deem its request granted.
See
415
ILCS 5/40(a)(2) (2006). Currently, the decision deadline is June 26, 2009 (the 120th day after
date on which petitioner filed its petition).
See
35 Ill. Adm. Code 105.114. The Board meeting
immediately before the decision deadline is scheduled for June 18, 2009.
Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
record of its determination by March 30, 2009, which is the first business day after 30 days after
Simons Auto filed the petition. 35 Ill. Adm. Code 105.410(a). If the Agency wishes to seek
additional time to file the record, it must file a request for extension before the date on which the
record is due to be filed. 35 Ill. Adm. Code 105.116. The record must comply with the content
requirements of 35 Ill. Adm. Code 105.410(b).
IT IS SO ORDERED.
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I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on March 5, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
